Davis & Son v. Milligan
Supreme Court of Alabama
Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 12th March, 1888, by J. F. Davis & Son, suing as a partnership, against T. A. Davis and his wife, S. N. Milligan, and M. G. Milligan; and prayed the foreclosure of a mortgage, or a deed of trust in the nature of a mortgage, which T. A. Davis and his wife had executed to the complainant.
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Appeal from the Chancery Court of Calhoun. Heard before the Hon. S. K. McSpadden. The bill in this case was filed on the 12th March, 1888, by J. F. Davis & Son, suing as a partnership, against T. A. Davis and his wife, S. N. Milligan, and M. G. Milligan; and prayed the foreclosure of a mortgage, or a deed of trust in the nature of a mortgage, which T. A. Davis and his wife had executed to the complainant. The mortgage, or deed of trust, was dated September 12th, 1885, attested by S. N. Milligan as subscribing witness, and duly acknowledged before him as a justice of the peace; and it was duly…
1Opinion of the CourtSomerville, J.
We discover nothing in. the testimony to challenge the bona fides of the mortgage debt due to the complainants by the defendant T. A. Davis, and the mortgage by which it is secured seems to be equally free from any objection affecting its validity. The foreclosure prayed for in the bill must, therefore, be decreed, unless the complainants, as mortgagees, are in an attitude to estop them in equity from asserting the rights secured to them by the mortgage. It is contended by the defendant, S. N. Milligan, and his sub-vendee, M. G. Milligan, who claims under him, that the complainants were…
2Cases cited1 opinion
- Eatman v. EatmanSupreme Court of Alabama · 1886
3Cited by2 opinions
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